It is hereby established a revised comprehensive zoning plan
for the Town of Highland, which plan is set forth in the text and
maps that constitute this chapter. Said plan is adopted for the purposes
set forth in Article 16, § 261, of the Town Law which is
in the interest of the protection and promotion of the public health,
safety and welfare, and shall be deemed to specifically include the
following, among others:

The encouragement of flexibility in the design and development of
land in such a way as to promote the most appropriate use of lands
to facilitate the adequate and economical provision of streets and
utilities and to preserve the natural, scenic, and recreational qualities
of open lands.

If any clause, sentence, paragraph, section, or part of this
chapter shall be adjudicated by any court of competent jurisdiction
to be invalid, such judgment shall not affect, impair, or invalidate
the remainder of this chapter, but shall be confined in its operation
to the clause, sentence, paragraph, section, or part thereof declared
to be invalid.

Unless otherwise expressly stated, the following terms shall,
for the purpose of this chapter, have the meaning herein indicated.
Words used in the present tense include the future; the singular number
includes the plural, and the plural, the singular; the word "lot"
includes the word "plot." The term "occupied" or "used" as applied
to any building shall be construed as though followed by the words
"or intended, arranged or designated to be occupied or used." The
terms "building" and "structure" are synonymous. The word "shall"
is mandatory. [Amended 7-14-2009 by L.L. No. 4-2009]

A subordinate building, the use of which is clearly incidental
to or customarily found in connection with the main building or principal
use and which is located on the same lot as such main building or
principal use.

A use which is clearly incidental to or customarily found
in connection with and subordinate to the principal use of the premises
and which is conducted on the same lot, whether such use be conducted
in a principal or accessory building.

The commercial cultivation of the soil for food products
or other useful or valuable growths of the field, forest, orchard,
or garden whether outdoors in the open or within the confines of a
building or structure, but not including animal husbandry, which is
defined separately.

Any change, rearrangement or addition in the structural parts
of a building or structure or an enlargement, whether by extending
to any side, by increasing the height, or depth, or by moving from
one position to another, or modification in construction or in building
equipment.

An animal unit is, for the purpose of this chapter, defined
as one horse of any weight, or one cow of any weight, or the equivalent
of a total of 1,000 pounds or animal or fowl in any combination; e.g.,
10 one-hundred-pound sheep or 250 four-pound chickens.

An establishment in which the principal activity is the general
servicing and repair of motor vehicles, including regular maintenance;
sales, installation and replacement of parts and accessories; motor,
transmission, chassis, rear and front end repair and overhaul; body
and fender repair and painting.

An establishment in which the principal activity is the retail
sale of gasoline, oil, grease and petroleum products and the motor
vehicle servicing related to such sales. An automotive service station
use shall be deemed to include the retail sale and installation of
tires, tubes, lamps, ignition parts, batteries and other minor repairs.
Servicing and repair activity shall not include motor, transmission
or rear or front and overhauls, no body and fender repair or painting.

The vertical distance from the mean ground level at the exterior
building walls to the highest point of the coping of a flat roof or
to a mean height level between eaves and ridge for gables, hip and
gambrel roofs.

A story having more than 1/2 its height below grade. A cellar
is not included in computing the number of stories for the purpose
of building height measurement, or, as defined in the New York State
Uniform Fire Prevention and Building Code, whichever is more strict.

A certificate stating that materials and products meet specified
standards or that work was done in compliance with approved construction
documents. (Required at the conclusion of all projects requiring a
building permit other than a project for a habitable structure.)

A certificate stating that materials and products meet specified
standards or that work was done in compliance with approved construction
documents. (Required at the conclusion of a project for a habitable
structure.)

An activity which may include facilities or equipment for
recreational purposes, utilized by the public for a fee. Facilities
include but are not limited to bowling alleys, ski slopes, canoe liveries,
campgrounds, tennis courts, golf courses, batting cages, golf ranges,
water slides and skateboarding parks.

A bar, tavern, pub or other similar entity serving beverages
and food indoors to the public. Under this definition such an establishment
differs from a restaurant in that its primary income is derived from
selling alcoholic beverages.

A retail food dispensing or eating establishment where food
or drinks are served mainly in disposable containers, or where patrons
are permitted to park cars on the premises for the purpose of being
served or sold food or drinks therein or for the purpose of consuming
food or drinks outside the building but on the premises, or where
the patron may approach the building for the purpose of transacting
the purchase of food stuffs or drinks of any kind without leaving
the vehicle, or combination of the foregoing types whether or not
there are eating counters or tables inside or outside the building.

A parcel of land, or part thereof, used for the disposal
by abandonment, dumping, burial, burning, or any other means, and
for whatever purpose, or garbage, trash, refuse, junk, discarded machinery,
vehicles, or parts thereof, or waste material of any kind.

A building designed or used as the living quarters for one
or more families. The term "dwelling" shall include seasonal homes,
and they must meet all the requirements of this chapter and all other
regulations or laws applicable to dwellings.

An institution, either public or private, providing full
time instruction and a course of study which meets with the requirements
of the New York State Education Law or a nursery, day care, or kindergarten
which meets all pertinent requirements set by the New York State Education
Law or the New York State Health Code.

An establishment where no more than 75,000 barrels of New
York State labeled beer is manufactured annually (minimum of 50 barrels).
New York State labeled beer is made with no less than a certain percentage,
by weight as set forth in Alcoholic Beverage Control Law § 3,
Subdivision 20-d, of its hops grown in New York State and no less
than a certain percentage, by weight, of all of its other ingredients,
excluding water, grown in New York State. In addition to the manufacture
of beer, a farm brewer is authorized to perform the following activities
on the premises:

Sell beer manufactured by the farm brewer to wholesalers and
retailers licensed in this state to sell beer, licensed farm distillers,
licensed farm wineries, licensed farm cideries, and any other licensed
farm brewery;

Operate a restaurant, hotel, catering establishment, or other
food and drinking establishment in or adjacent to the premises and
sell at such place, at retail for consumption on the premises, beer
manufactured by the farm brewer and any New York State labeled beer;

Manufacture, bottle, and sell food condiments and products such
as mustards, sauces, hop seasonings, beer nuts, and other hops- and
beer-related foods in addition to beer and hops soaps, hop pillows,
hop wreaths and other such foods and crafts on and from the premises;

Food items for the purpose of complementing beer tastings, which
shall mean a diversified selection of food that is ordinarily consumed
without the use of tableware and can be conveniently consumed while
standing or walking;

A building or structure in which fire-fighting apparatus
and equipment, ambulance apparatus and equipment, police vehicles/apparatus
and/or equipment and/or any other emergency services apparatus and
equipment are housed and stored. Such buildings may or may not include
meeting rooms or any other ancillary facilities for the use of the
members of these groups.

A nearly flat plain along the course of a steam or other
large body of water that is naturally subject to flooding and as defined
by the Federal Emergency Management Agency (FEMA) and depicted on
the official flood hazard boundary maps for the Town of Highland.

An enclosed space for the storage of not more than three
motor vehicles, provided that no business, occupation or service is
conducted for profit therein, or more than one space is leased to
a nonresident of the premises.

Any gainful occupation customarily conducted within a dwelling
by the residents thereof which is clearly secondary to the use of
the dwelling for living purposes, and which does not change the character
of the structure as a residence. Said activity shall not occupy more
than 50% of the habitable floor area of the dwelling.

The sum of the gross horizontal area of the floor of a dwelling
unit as measured from the exterior walls of all rooms. Floor space
shared in common with other dwelling units or used for storage purposes
or in the operation and maintenance of the building shall not be included
in computing floor area.

A structure, transportable in one or more sections, that,
in the traveling mode, is eight feet or more in width or 40 feet or
more in length or, when erected on site, is 500 square feet minimum,
and that was built on or after June 15, 1976, on a permanent chassis
and designed to be used as a dwelling with a permanent foundation
(full basement or crawl space foundation with 42 inches of space from
the varmint slab to the underside of the floor joist) when connected
to the required utilities and includes the plumbing, heating, air
conditioning, and electrical systems contained therein. The term "manufactured
home" shall also include any structure that meets all the requirements
of this definition except the size requirements and with respect to
which the manufacturer voluntarily files a certification required
by the federal Department of Housing and Urban Development and complies
with the standards established under the National Manufactured Housing
Construction and Safety Act of 1974, as amended. The term "manufactured
home" shall not include any self-propelled recreation vehicle.

Operations extracting greater than 1,000 tons per year of material on the premises on which it is extracted and including but not limited to such as gravel, rock, stone, sand, fill or minerals from the surface or below the ground. In no event shall "mineral extraction" be construed to mean, be, or include natural gas and/or petroleum exploration activities or natural gas and/or petroleum extraction activities (as those terms are respectively defined at § 190-27 of this chapter).

A structure designed primarily for residential occupancy
and constructed by a method or system of construction whereby the
structure or its components are wholly or in substantial part manufactured
in manufacturing facilities, intended or designed for permanent installation,
or assembly and permanent installation.

Any recreational use particularly oriented and utilizing
the outdoor character of the area, including, but not limited to,
playgrounds, picnic areas, snowmobile, trail bike, jeep and all-terrain
vehicle, downhill ski trails or similar uses in which physical alteration
to the land occurs.

A service or services provided to the general public gratis
or for a nominal fee, such as, but not limited to, comfort stations,
information centers, public telephones, porta toilets, and in the
case of campgrounds, fireplaces, potable water supplies, toilets and
urinals, and showers.

The total area in square feet of a building that is available
for public use. Areas not considered available to the public include,
but are not limited to: warehousing areas, private offices and loading
areas.

An entity which operates as a monopoly, and whose rates charged
to customers are established by a utility commission. A public utility
facility is a facility which is operated by a public utility, and
which provides electric, gas, steam, telephone service, water or sewerage
directly to the general public.

An excavation or pit usually open to the air, from which building stone, slate, or the like is obtained by cutting, blasting, etc., as a business for profit. In no event shall "quarrying" be construed to mean, be, or include natural gas and/or petroleum exploration activities or natural gas and/or petroleum extraction activities (as those terms are respectively defined at § 190-27 of this chapter).

A vehicular unit primarily designed as temporary living quarters
for recreational camping or travel use, which either has its own motive
power or is mounted on or drawn by another vehicle. The basic entities
are travel trailer, camping trailer, truck camper and motor home.

Replacement or renewal, excluding additions, of any part
of a building, structure, device, or equipment, with like or similar
materials or parts, for the purpose of maintenance of such building,
structure, device or equipment, for which no building permit is required.

Any service operation available to the public, operated for
gain, and which is used for the sale of petroleum and small engine
products, storage, repair, rental greasing, washing, servicing, adjusting
or equipping small engines, lawn and garden, and recreational equipment.

A business enterprise preparing and serving food and beverage
selected from a full menu by patrons seated at a table or counter,
indoors, and for the most part consumed on the premises, which may
or may not include the sale of alcoholic beverages as an accessory
use, such as but not limited to a diner, convenience store, food counter,
or the like.

An enclosed store for the sale of retail goods such as but
not limited to a personal service shop, department store, convenience
store, food store, or any other store for the retail sale of other
products.

A place or building whose primary purpose is where timber
is sawed into planks, boards, etc. by machinery for the production
of various sizes, grades, and types of lumber from hardwood, conifer
logs and other timber.

Shall mean, but shall not be limited to, any object, device,
display, structure, or part thereof, situated outdoors or indoors,
and intended for viewing from the building exterior, which is used
to advertise, identify, display, direct, or attract attention to an
object, person, institution, organization, business, product, service,
event, or location by any means, including words, letters, figures,
designs, symbols, fixtures, colors, illumination, or projected images.

When such sign consists only of letters, designs, or figures
engraved, painted, or projected or in any manner affixed on a wall,
the total area of such sign shall be deemed the area within which
all of the matter of which such sign consists may be inscribed.

A commercial structure or sign which directs attention to
a business, product, service, or attraction conducted, manufactured,
sold or displaced elsewhere than upon the lot on which such sign is
displayed.

Any illuminated sign on which the artificial or reflected
light is not maintained stationary and constant in intensity and color
at all times when in use. Any revolving illuminated sign or revolving
luminary device shall be considered a flashing sign.

A sign which identifies a business, industry, service or
attraction conducted upon the lot on which the sign is displayed,
or which attracts attention to a commodity sold or displayed upon
the lot or premises.

A sign illuminated by a source of light which is detached
from the sign structure and which is shielded so that illumination
is directed upon the sign and the source of light is not visible from
an adjoining property or street.

Any sign that is affixed to or painted on the interior of
a window or any sign located within one foot of the inside face of
the window, which sign is designed to be visible from the exterior
of the window.

Any sign which is attached to a building, whether by braces,
brackets, or similar connecting devices, which sign is not parallel
to the face or wall of the building or structure and the display surface
of which sign extends more than 18 inches beyond such face or wall
at any point of measurement therefrom.

(It is the purpose and intent of the following definition
to prevent an attempt to circumvent the freestanding sign section
of the chapter by utilization of vehicles as a substitute for a permitted
freestanding sign.) Any letter, group of letters, words, or other
devices or representations which form or are used as, or are in the
nature of, an announcement, advertisement, or other attention-directing
device, placed, painted, affixed, attached upon a motor vehicle, vehicle
or trailer of any type, registered or unregistered, is prohibited.
Excluded herefrom are motor vehicles, vehicles, or trailers lawfully
registered and insured, regularly used in the business conducted on
the premises and not having attached thereto temporary or removable
signs.

A plan prepared by an architect, engineer, or land surveyor,
including natural features, existing structures and utilities, proposed
improvements and divisions, including any and all necessary legal
data, and any other information deemed necessary by the Planning Board.

A plan drawn to scale showing the property and such items
as, but not limited to, proposed building locations, utilities, access
and easements, streets, rights-of-way, and land use areas, along with
any other information deemed necessary by the Planning Board.

Permanent relocation of soil aggregates of quantities of 1,000 tons or more per year, exclusive of foundation excavation and pond sites. In no event shall "stripping" be construed to mean, be, or include natural gas and/or petroleum exploration activities or natural gas and/or petroleum extraction activities (as those terms are respectively defined at § 190-27 of this chapter).

Anything constructed or erected for occupancy or use which
requires location on the ground or attachment to something having
a location the ground, including ground signs. Appurtenances such
as railings, flagpoles, cooking grills, etc. are excluded.

Anything man-made for the purpose of containing filtered
and chlorinated water more than 24 inches deep and/or having more
than 250 square feet of water surface area, which water is used solely
for bathing or swimming.

The boundaries of the said districts are hereby established as shown on the "Zoning Map, Town of Highland" dated April 11, 1989, which accompanies, and which, with all explanatory matter thereon, is hereby adopted and made a part of this chapter. A copy of said map indicating the latest amendments, shall be kept up-to-date in the offices of the Town Clerk, Code Enforcement Officer, Assessor, Planning Board and Zoning Board of Appeals for the use and benefit of all the public.[1]

An accessory building of 144 square feet or less in area not exceeding
two in number, may be located in any required side or rear yard provided
that such building shall not exceed 15 feet in overall height.

Such building shall be set back at least 15 feet from side or rear
lot line(s), and shall be located not less than 10 feet from the principal
building or as required by the New York State Uniform Fire Prevention
and Building Code.

For the purpose of this chapter, the following are not to be considered
a "structure" and therefore do not require a building permit or final
certificate: a fence or wall not exceeding 6 1/2 feet in overall
height; railings; flagpoles; portable cooking grills; storage sheds
not over 144 square feet in size and two in number, "on grade" decks
or patios not over eight inches about the finished grade at its highest
point.

Accessory
buildings may not be used as a dwelling, except that nothing herein
shall be construed to prevent the construction of accessory apartments
for family members, where such apartments are otherwise permitted.

Preexisting, nonconforming, retired manufactured housing, mobile homes, travel trailers, storage containers, and unlicensed trailers that were in place prior to the date of the adoption of this subsection may continue to be used as accessory structures, provided that they are screened from view from the road fronting said property, and from the lots adjacent to said property, and provided that the cooking, refrigeration and plumbing facilities have been removed or disabled. Notwithstanding § 190-30D of the Town Code, such preexisting nonconforming structures being used as accessory buildings may not be replaced.

When
a building permit has been issued, construction trailers, bulk containers
and other storage facilities normally associated with the building
trade may be allowed during the period of active construction, provided
that they are not used as dwelling units and are removed immediately
upon issuance of a certificate of occupancy or certificate of compliance
or upon the expiration and nonrenewal of the building permit.

Obstruction to vision at street intersection. At all street intersections
in all districts, no obstruction to vision, including vegetation,
exceeding 30 inches in height above curb level shall be erected or
maintained on any lot within the triangle formed by the street lines
of such lot and a line drawn between points along such street lines
30 feet distant from their point of intersection.

Permitted obstructions. Cornices or cantilevered roofs may project
not more than three feet into a required yard. Window sills and other
ornamental features may project not more than six inches into a required
yard. Fences or walls of any height may be erected anywhere on the
lot, except as set forth in this section. Fences or walls with a height
in excess of 6 1/2 feet shall require a building permit.

Entry porches. An unroofed and unenclosed projection in the nature
of an entry, not more than eight feet wide and extending not more
than six feet out from the front wall of the building, shall be exempt
from front yard requirements when the building otherwise complies
with all other yard restriction of this chapter.

Unimproved lots. A lot owned individually and separately and separated
in ownership from any adjoining tracts of land on the effective date
of this chapter, which has a total lot area or lot width less than
prescribed in this chapter, may be used for the zoned use of the property,
provided such lot shall be developed in conformity with all applicable
district regulations other than the minimum lot area, lot width and
side yards. Existing small lots meeting the above stipulations shall
comply with the following:

Improved lots. An existing improved lot owned individually and separately
and separated in ownership from any adjoining tract of land on the
effective date of this chapter which has an existing lot area, width,
depth and/or setbacks less than prescribed in this section, including
any lot that became deficient by reason of any governmental condemnation,
or "taking" of a portion of said lot or any building damaged more
than 50% as stipulated in section, may be used for the zoned use of
the property, provided such lot shall be developed in conformity with
all applicable district regulations other than the existing deficient
lot area, lot width, lot depth and/or setbacks. However, any new addition
to the "footprint" of the main building in regards to increasing the
length, depth or height of the main building shall comply with the
Bulk Regulations Table[1] as to setbacks, height and all other requirements in effect at that time. This applies to both principal and accessory type buildings and structures as stipulated in the Bulk Regulations Table and § 190-7A(1) through (5) with § 190-7B being the exception.

Where a lot has frontage on two or more streets or other public rights-of-way,
the height limitation shall apply only as measured from the curb level
along the street or right-of-way with a higher elevation above sea
level.

Structures such as chimneys, flues, private home antennas, flagpoles,
spires, belfries, and skylights shall be exempt from height limitations
provided they occupy not more than 20% of the roof area. Barns and
silos are also exempt from height limitations.

Minimum tower setback distance from nearest property line is twice
the distance measured from the mean grade surrounding the support
pad(s) to the tip of the highest blade in vertical position measured
along the vertical axis of the tower.

Protection. The base of the tower must be styled to be nonclimbable
for at least the lower 12 feet. It must also be surrounded by an eight-foot-high
protective fence styled to be nonclimbable. One such example is security
mesh (one or 1 1/4 link).

If electromagnetic interference is caused by the installation of a WECS, the installation shall be deemed a public nuisance in violation of § 190-11 of this chapter. The violation shall be corrected within 90 days from the date of notification. If the electromagnetic interference cannot be remedied, the WECS shall be removed or relocated.

The Town of Highland joined the regular phase of the Federal Emergency
Management Agency's (FEMA) Flood Insurance Program on March 4,
1987. All development in flood areas is regulated by FEMA regulations
adopted by the Town as a local law on April 7, 1987, or any regulations
or local laws which update this chapter.

For areas where no FEMA mapping exist, and a flooding potential exists
in the judgment of the Code Enforcement Officer or the Planning Board,
no structure shall be build within the floodplain. The limits shall
be determined by the developer by one of the following methods:

Signs identifying a construction project and the specialists concerned,
not exceeding eight square feet for a residential construction and
32 square feet for commercial construction, for the period of construction
and not exceeding 90 days after the completion of construction and
the issuance of the C/O.

Businesses which are authorized agents for any manufacturer or distributor
shall be permitted one additional 16 square feet of signage to advertise
such affiliation. In no event shall total signage exceed 48 square
feet per property.

Businesses which have secondary lines of business shall be permitted
one additional 16 square feet of signage to advertise such non-primary
businesses. In no event shall total signage exceed 48 square feet
per property.

The name, address and telephone number of the applicant, owner of
the real property on which the sign will be located, owner of the
sign, and contractor(s) who will build, install and maintain the sign.

A drawing in appropriate scale to show the design, dimensions, and
color of the graphics, wording, and sign structure, details of any
illumination source and placement of the sign relative to the building
or structure on which it is located and relative to nearby buildings,
structures, street lines, property lines and sight lines.

A completed application shall be approved or denied by the Code Enforcement
Officer, in writing, within 10 days of application. Any application
denied may be reviewed by and/or appealed to the Zoning Board of Appeals,
after the Code Enforcement Officer, within 10 days stipulates in writing
his reason(s) and the sections of this chapter his denial is based
on.

All signs shall be installed to withstand wind, rain, snow and storm;
maintained in good condition and attractive appearance; and removed
when no longer in active use, with the property properly landscaped
and graded.

Lighting fixtures and wiring shall conform to all requirements of
the latest edition of the National Electrical Code and including other
applicable codes and regulations, and shall have a recognized Underwriter's
approval if necessary.

Temporary signs, including signs for meetings, conventions and other
assemblies; signs that exceed the size permitted in section that lists
the architect, engineer, contractor, and/or owner-on-premises where
construction, renovation or repairs are in progress; political posters
and signs not-for-profit promotional signs; private sales; or similar
signs shall be placed on bulletin boards whenever possible.

Signs advertising special events, including but not limited
to grand opening signs, not to exceed 32 square feet. The square footage
of special event or grand opening signs is in addition to permitted
permanent signs.

Sign content shall be limited to identification of the activity,
facility, attraction, area, or site, the mileage from the sign to
the site, and a route number or any other necessary wording permitted
by the Code Enforcement Officer.

A nonconforming sign may be maintained but not changed or enlarged.
When a nonconforming sign is in need of repair as shall be determined
by the Code Enforcement Officer, the sign shall be made to come in
conformance with the requirements of this chapter. Painting a sign
or changing its copy is allowed and no fee is required.

Abandonment or discontinuance of the product, service, or business
that a sign advertises for a period of more than one year shall cause
the Code Enforcement Officer to order, in writing, said sign's removal.

In the event of a breach of any provisions of this chapter,
the Code Enforcement Officer shall notify the owner of the premises,
in writing, to bring the sign into conformance within a reasonable
amount of time, not to exceed 15 days.

In case of a failure to comply with any written notice within
the prescribed time, the Code Enforcement Officer may remove or cause
the removal of the sign and shall request the Town Board to assess
all costs and expenses incurred against the owner of the land on which
the sign is located.

All costs and expenses incurred by the Town in causing the removal
of any sign(s) shall be collected from the owner of the premises on
which such sign is located. Payment shall be made within five business
days of receipt of a written demand. Upon failure to make such payment,
such costs and expenses shall be assessed against said owner and shall
be paid and collected as part of the Town tax next due and payable.
In addition, the Town may commence any other action or proceeding
to collect such costs and expenses.

Schedule of parking requirements. Accessory off-street parking spaces,
open or enclosed, shall be provided for any use specified below. Any
land which is developed as a unit under single ownership and control
shall be considered as a single lot for the purpose of these parking
regulations. Reasonable and appropriate off-street parking requirements
for buildings and uses which do not fall within the categories listed
below shall be forwarded by the CEO to the Planning Board for consideration
of all factors entering into the parking needs of each such use.

[Amended 5-12-2015 by L.L. No. 2-2015]

Use

Minimum Parking Spaces

One- or two-family dwelling

2 per dwelling unit

Multiple dwellings

1 1/2 per dwelling unit

Hotels, motels and bed-and-breakfasts

1 per guest room plus 1 for each employee

Home occupations, except physicians or dentists

3 spaces per each home occupation or professional office

Office or clinic for physician or dentist

5 spaces per each physician or dentist plus 1 space for each
employee

Bowling alleys

5 per alley, plus 1 for each employee

Places of worship, libraries and other public buildings

1 space per 200 square feet of floor area, but not less than
1 space for each 5 seats where provided

Private elementary schools

2 spaces per classroom plus 1 space for each 5 seats in any
auditorium or place of assembly

Private secondary schools

4 spaces per classroom, plus 1 space for each 5 seats in any
auditorium or place of assembly

Areas computed as parking space. Areas which may be computed as open
or enclosed off-street parking space include any private garage, carport,
or other area available for parking, other than a street or driveway.
However, a driveway within a required front yard for a one-family
dwelling may count as one parking space.

Access. Unobstructed access to and from a street shall be provided.
Such access shall consist of at least one ten-foot lane for parking
areas with less than 12 spaces and at least two ten-foot lanes for
over 12 spaces. No entrance or exit for any off-street parking area
shall be located within 50 feet of any street intersection.

Joint facilities. Required parking spaces, open or enclosed, may
be provided in spaces designed to serve jointly two or more establishments
whether or not located on the same lot provided that the number of
required spaces in such joint facilities shall be not less than the
total required for all such establishments.

Combined spaces. When any lot contains two or more uses having different
parking requirements, the parking requirements for each use shall
apply to the extent of that use. Where it can be conclusively demonstrated
that one or more such uses will be generating a demand for parking
spaces primarily during periods when the other use or uses is not
or are not in operation, the Planning Board may reduce the total parking
spaces for that use with the least requirement.

On lots divided by district boundaries. When a parking lot is located
partly in one district and partly in another district, the regulations
for the district containing the use shall apply to all of the lot.
Parking spaces on such a lot may be located without regard to district
lines, provided that no such parking spaces shall be located in any
R-1 or R-2 District unless the use to which they are necessary is
permitted in such district or upon approval of the Planning Board.

If the applicant believes that the required number of parking
spaces is in excess of what is needed for the proposed use, the applicant
may submit a request with justification to the Planning Board for
a waiver or exception from the parking space requirements. The Planning
Board may require the submission of a parking demand analysis as part
of any request for a waiver or exception from the general parking
requirements.

The likelihood that parking will be shared with adjoining facilities,
the impact of daily peak visitation or use periods on demand and the
hours of operation as compared to other neighborhood activities.

Regional and local studies of area businesses' parking
needs, reflective of the particular business and for the type of use
proposed or actual case-study comparisons for projects of similar
character. The Planning Board may require the developer or applicant
to gather and submit such data in support of its proposed parking
provisions.

The availability of reserve areas designated on the site plan
for future parking development in the event of demonstrated need,
as determined and directed by the Code Enforcement Officer or Planning
Board. The intent of this subsection is to allow some flexibility
in the timing of the provision of parking, where the Planning Board
has determined there is some uncertainty as to the parking demand
for a particular use, and the immediate provision of parking would
require significant alteration of natural topography or disturbance
to wooded sites. Where the Planning Board determines the immediate
use of any property may not require the full initial improvement of
all off-street parking, the Planning Board may waive the initial improvement
of not more than 30% of the required number of spaces, provided the
total number of parking spaces is shown on the approved plan. The
initially unimproved area shall be reserved for future use, although
the Planning Board may require said area be graded for parking in
accordance with the approved plan. All such reserve lands, if graded,
shall be landscaped in accordance with the approved landscaping plan
until the reserved spaces may be required to be improved. Reserved
spaces shall be improved within six months of the date of written
notice from the Planning Board that such spaces have been determined
to be necessary. Appropriate written guaranties to the above shall
be provided by the owner and approved by the Town Attorney. The Planning
Board may also require a performance guaranty or other surety be posted
to ensure the completion of said reserve parking.

The Planning Board shall be satisfied that any modification
of parking requirements: i) will not adversely affect traffic flow
on the site; ii) will leave adequate parking for all of the reasonably
anticipated uses or occupancies of the project; and iii) will not
otherwise adversely affect the general welfare of the community.

Whenever a parking area of over five spaces abuts or is within 15
feet of the side or rear lot line of a lot in any R-1 or R-2 District,
the said parking lot shall be screened from such adjoining lot by
a substantial wall, fence, or thick hedge, approved by the Planning
Board. Generally, such screen shall be not less than five or more
than eight feet in height.

Whenever a parking area of over five spaces is located across the
street from other land in any R-1 or R-2 District, it shall be screened
from view of such land by a thick hedge, wall, or fence approved by
the Planning Board, not less than 30 feet from either line; such screening
to be interrupted only at points of ingress and egress. No such screening
shall be less than four feet in height. Two identification and directional
signs located on the street side of such screening shall be permitted;
however, they shall not exceed an area of three square feet each.

Up to three commercial vehicles exceeding 18,000 pounds' gross weight
may be parked on an occupied lot in all districts, but not within
the required yards of such lot and in no case between the street line
and the principal building. Such vehicles, when parked, must have
their engines and refrigeration units, if any, off.

The storage or parking and use of any type of trailer except a boat
trailer by any person or persons is hereby prohibited in all districts
except: Not more than one camper and one trailer may be stored on
an occupied lot in any district, provided that such camper or trailer
is not stored within any required side or rear yard of such lot, nor
between the street line and the principal building.

Boats and/or boat trailers may be stored on an occupied lot, provided
that such boat is not stored within any required side or rear yard
of such lot, nor between the street line and the principal building.
This requirement shall not apply to waterfront properties.

Any use which is noxious, offensive, or objectionable by reasons
of the emission of smoke, dust, dirt, gases, odor, or other form of
air pollution or by reason of the deposit, discharge, or disposal
of liquids or solid wastes in any form in a manner or amount as to
cause damage to the soil and streams or to adversely affect the surrounding
areas, or by reason of the creation of noise, vibration, or other
disturbance or by reason of illumination on or from which such light,
glare or light reflection emanates, or which involves any dangerous
fire, explosive, radioactive, or any other hazards, or electrical,
disturbances, electromagnetic disturbances, heat, which causes injury,
annoyance or disturbance to any of the surrounding properties or to
their owners and occupants, and any other process or use which is
unwholesome and may be dangerous or prejudicial to health, safety
or general welfare. However vegetative spraying and dusting in compliance
with industry and DEC standards is permitted.

Junkyard or landfills, unless established as an official Town landfill,
and duly licensed as a landfill by the Town Board, state, or other
governmental agency having jurisdiction. Any property which does not
comply with the above and shall be deemed by the Town Board as detrimental
to the health, safety or welfare of the Town shall be removed or cleaned
up to the satisfaction of the Town Board within a period of time designated
by the Town Board. Failure to do so may result in a fine being levied
as set by the Town Board. Junkyards and/or landfills are specifically
prohibited in the URDC.

The Town of Highland hereby adopts the New York State Uniform
Fire Prevention and Building Code, and the New York State Energy Code,
and henceforth, all new construction and all revisions to existing
structures shall be done in strict accordance with said Code and with
the State Energy Conservation Construction Code.

The Town of Highland hereby adopts the New York State Sanitation
Code and henceforth the construction of new sanitary systems shall
be done in strict accordance with said code, revisions to existing
systems shall also comply with the New York State Sanitation Code.
Prior to the start of construction for a sanitary sewage disposal
system, the Code Enforcement Officer shall be furnished with the results
of a percolation test done by a licensed engineer. Installation of
a system shall conform to the latest "Bulletin on Waste Water Facilities
for Residential or Commercial Building" as published by the New York
State Department of Health. The owner or contractor shall give the
Code Enforcement Officer a minimum of 24 hours' notice to inspect
and approve such installation prior to backfilling.

Waterfront lots. The setback line from any water body for an on-site
sewage disposal system shall be not less than 200 feet from the high
water line for running water and 200 feet from any impoundment, except
that sewage disposal systems designed by a licensed engineer shall
not be less than 100 feet from any impoundment.

Wastes. No solid or liquid wastes shall be discharged into any public
sewer, private sewage disposal system, or stream or on or into the
ground, except in accordance with the standard approval by the New
York State Department of Health or similarly empowered agency.

All buildings, whether of conventional site-built construction or
not, must be installed on foundations, piers, or slabs which meet
the requirements of the New York State Uniform Fire Prevention and
Building Code. All structures must be securely anchored to the foundation
system. When a habitable structure is supported by other than a continuous
wall or is directly on a slab, the space between the structure and
the ground or the slab must be suitably enclosed around the entire
periphery of the structure. Suitable ventilation of the enclosed space
must be provided.

All modular, manufactured, and conventional site-built housing constructed
over a crawl space shall have a vapor barrier with a minimum of a
two-inch concrete surface in the crawl space with a forty-two-inch
vertical space.

Garages, trailer slabs and accessory buildings may be constructed
on floating slabs when the edges are reinforced with two No. 5 steel
reinforcement bars in a twelve-inch-wide thickened edge (twice the
slab thickness) with a six-inch crushed stone subbase and vapor barrier.

Trailers shall be positioned on concrete slabs which extend six inches
beyond the limits of the trailer. The slabs shall have thickened edges
and be a minimum of four inches thick over a vapor barrier and four
inches of crushed stone. The areas where supporting piers are placed
on the slab shall be thickened and reinforced.

Stairs, steps, porches, etc. must meet the standards of the New York
State Uniform Fire Prevention and Building Code and be so anchored
to the structure and/or the foundation or slab as to assure their
safe usage.

Fences and/or walls exceeding 6 1/2 feet in height that are not visually obstructing and that do not obstruct air movement, such as chain link or wire mesh are permitted, up to eight feet in height. (See § 190-22D, Fencing of swimming pools.)

All open portions of any lot shall have adequate grading and drainage,
and shall be continuously maintained in a dust-free condition and
protected against erosion with suitable plantings of trees, shrubs,
or ground cover.

Where a permitted use in a Hamlet Commercial District is not subject
to site plan review by the Planning Board, the Code Enforcement Officer
shall consider site plan review criteria of this chapter prior to
the issuance of a building permit.

Individual mobile homes shall be subject to the New York State Uniform
Fire Prevention and Building Code requirements, as they apply. No
person shall park a mobile home which does not meet state construction
standards on any public or private property.

All mobile homes shall be situated on a slab, pier, or a foundation.
The foundation and the area up to the floor level of the mobile home
shall be screened from view from the street and from surrounding properties
by skirting.

Trailers shall be positioned on concrete slabs which extend six inches
beyond the limits of the trailer. The slabs shall have thickened edges
and be a minimum of four inches thick over a vapor barrier and four
inches of crushed stone. The area where supporting piers are placed
on the slab shall be thickened and reinforced.

Five acres or more of land may not be stripped or clear-cut without
first having obtained a permit. Failure to have such a permit shall
constitute a violation of this chapter. This provision shall not be
applicable to sand, gravel, shale, topsoil, or other aggregate mining
operations that are active as of the date of this chapter was adopted
and are permitted by the New York State Department of Environmental
Conservation.

Applications for stripping of land or clear-cutting shall be filed
with the Planning Board for approval. Upon authorization of the Planning
Board, and payment of the appropriate fee if any as set by the Town
Board, the Code Enforcement Officer shall, within 10 days, issue a
permit.

Any area that has been stripped or clear-cut or covered with fill
shall be restored to a suitable grade so as to provide good drainage
and no disturbance to adjacent properties. Final grade shall form
a smooth transition to surrounding undisturbed land. Final slopes
shall not be less than 0.5%. Slopes greater than 25% shall be terraced,
the vertical steps to be not greater than five feet and stabilized
with noneroding material. Ponding areas shall be provided as required
to remove silt from runoff below flowing from the property.

Any area that has been stripped or clear-cut or covered with fill
shall be seeded to provide an effective cover crop within the first
growing season following the start of such stripping, clear-cutting
or covering.

No new campground or expansion of an existing campground shall be
permitted after the effective date of this chapter without a permit
as herein provided, and failure to obtain a permit and pay the appropriate
fee if any shall constitute a violation of this part.

Applications for campground permits, whether new or existing, shall
be filed with the Planning Board. Upon approval of the Planning Board
the Code Enforcement Officer shall, upon receipt of the proper fee
if any, issue a permit within 10 days.

The permit shall be valid for a period of time set forth by the Planning
Board and shall be subject to such conditions and performance standards
as the Planning Board deems necessary. The issuance of such a permit
shall not constitute an endorsement of the operation of the campground
by the Town.

Any deviation from the original application approved by the Planning
Board, no matter how small, shall require a new application before
the Planning Board, and shall be in conformance with these regulations.

Each campsite, including parking spaces, shall provide a minimum
of 1,500 square feet of space per tent site and 2,000 square feet
of space per camping trailer or recreational vehicle. Each site shall
be identified by an alphabetical or numeric code attached to a four-inch-by-four-inch
post.

An adequate supply of potable water shall be provided within 250
feet of all campsites. One water spigot capable of providing a minimum
of 500 gallons of water per day at a minimum pressure of 20 pounds
per square inch, with soakage pit or other disposal facilities, shall
be provided for each 10 campsites without water facilities. Where
spigots and sewer hookups are provided at each site, a minimum volume
of 150 gallons of water per site per day at a minimum pressure of
20 pounds per square inch shall be provided.

Toilets and urinals shall be provided at one or more locations in
every campground and shall be convenient of access. Separate toilet
facilities shall be provided for males and females and shall be clearly
marked. Each toilet shall be in a separate compartment and a door
shall be provided for privacy. Toilets and urinals shall be maintained
continuously in a clean condition.

Each campground shall have a minimum of three toilets for male persons,
and a minimum of three toilets for female persons. If there are over
20 campsites in a campground, there shall be one additional toilet
for female persons for every 10 campsites. Each male toilet facility
provided shall contain at least one urinal. Up to 1/2 of the male
toilets may be urinals. In no case shall toilets be located more than
300 feet from any campsite or 500 feet from sites with water and sewer
hookups.

Lavatories or other hand-washing facilities shall be provided at
a ratio of one for each 15 sites and a minimum of two for each sex.
Utility sinks shall be provided. The sink should be near the door,
if located within a building, where it can be utilized for the disposal
of dishwater brought in buckets.

Access to all utility and recreation facilities and one out
of every three toilets for each sex shall be so constructed as to
accommodate the physically handicapped in accordance with the New
York State Uniform Fire Prevention and Building Code or the Americans
with Disabilities Act, latest addition, whichever is more strict.

All recreational vehicles must be removed from their campsite,
either off the campgrounds, between November 1 and April 1, of each
year. This is to be verified by the Code Enforcement Officer accordingly.

Existing campgrounds currently permitted and/or licensed by the New York State Board of Health are permitted, provided they are operated for a period not to exceed eight months per calendar year. During the four-month closure period § 190-21B(11) still applies.

Accessory to single-family dwellings. Swimming pools, whether permanent
or portable, that are accessory to single-family dwelling, shall be
located not closer than 20 feet to any side or rear lot line and not
closer than 50 feet to a front lot line. These regulations shall not
apply to portable pools that do not exceed two feet in height and
six feet in diameter.

Accessory to residential developments. Swimming pools accessory to
residential development, whether cluster, seasonal dwellings, bungalow
colonies, camps or multiple-family dwellings, shall be of permanent
construction and shall be located not closer than 50 feet to any lot
line and not closer than 50 feet to any dwelling unit.

Nonresidential. Swimming pools that are part of nonresidential uses
such as hotels, motels, clubs, campgrounds, day-use recreational facilities
or institutions shall be of permanent construction and shall be located
no closer than 100 feet from any lot line.

Fencing. All outdoor swimming pools having a depth of 18 inches or
more shall be completely enclosed with a wall, fence, or other barrier
at least four feet high and not greater than eight feet high, the
bottom of which must be no more than three inches from the ground,
and equipped with a gate having a lock which shall be locked at all
times that the swimming pool is not in use. All such swimming pools
must remain empty of water until the barrier has been completed and
approved by the Code Enforcement Officer as meeting the foregoing
requirements and as being sufficiently strong in construction to prevent
any person from accidentally entering the pool enclosure. Fencing
shall consist of a substantial structure of wood or metal or other
rigid material built so that it will withstand exposure to the elements.
Nonstructural material may be incorporated into a fence to control
visual exposure; such material shall be capable of withstanding exposure
to the elements without deteriorating. All fences shall be maintained
in good condition at all times and shall not be allowed to deteriorate
structurally or aesthetically.

All parts and supplies, dismantled vehicles or part thereof, and/or
any other debris or discarded materials of any kind shall be located
within an enclosed or screened area, hidden from public view on all
sides and a minimum of 10 feet from any property lines.

An automotive repair shop may provide for not more than 10 licensed
vehicles to be left outside, on-site at any time during the day or
night, in addition to any number of licensed vehicles temporarily
stored or being worked on inside. All vehicles let outside shall be
properly licensed and registered at all times.

An automotive repair shop shall also include any building, shed or
enclosure or part thereof in which a motor vehicle or any other vehicle
containing volatile flammable gas or oil in its fuel storage tank
is stored, housed, kept or worked on for compensation, including repair
shops and automotive service stations.

No more than 75% of the total gross floor space of the establishment
shall be used for the brewery function, including, but not limited
to, the brew house, boiling and water treatment areas, bottling and
kegging lines, malt milling and storage, fermentation tanks, conditioning
tanks and serving tanks.

Access and loading bays facing any street or adjacent residential
use shall have the doors closed at all times, except during the movement
of raw materials, other supplies and finished products into and out
of the building.

Service trucks for purpose of loading and unloading materials and
equipment shall be restricted to between the hours of 8:00 a.m. and
8:00 p.m., Monday through Saturday, and between 11:00 a.m. and 7:00
p.m. on Sundays and national holidays.

No quarrying and/or removal of sand, gravel or other materials shall
be done without having first obtained a permit from the Planning Board,
after formal site plan review, and paying the necessary permit fees,
if any, as set by the Town Board.

Excavation slopes in excess of one foot vertical to one foot horizontal
shall be suitably fenced so as to prevent access by all persons not
engaged in the active operation. Said fencing shall be as approved
by the Planning Board.

All quarry and sand and gravel operations shall restore disturbed
areas of their sites in conformity with a reclamation plan to be approved
by the Planning Board, at the original site plan review process. The
reclamation plan shall indicate the post mining use of the site, and
grading, drainage, planting and access ways suitable for such use.
Grading and drainage should maintain continuity with undisturbed areas
of the property and with adjacent properties.

Home occupations include, but are not limited to, the following:
skilled or professional craftsperson, artist, dressmaker, offices
of clergy, real estate, a lawyer, physician, dentist, architect, engineer,
accountant, barber, hairdresser, carpenter, plumber, electrician,
teacher of music, and/or dancing, day care or studios where dancing
or music instruction is offered to groups not exceeding 10 pupils
at any one time. A home occupation shall be construed to include such
uses as the following: clinic or hospital, restaurant, concert or
recital studios, animal hospitals, dog kennel, auto mechanical works
or auto repairs.

Such office or occupation shall be incidental to the principal use
of the premises and must be carried on in the principal building by
a resident therein with not more than one nonresident assistant or
employee.

At no time shall any premises be used in such a manner to cause the
emission therefrom of any offensive or noxious odors, vapors, fumes,
glare, dust, smoke, gas, vibration, noise or radiation, or be used
in such a manner as to cause injury, annoyance, or disturbance to
any of the surrounding properties or to their owners or occupants.

Explicitly prohibited uses. The following uses and activities (being respectively defined in Subsection D below of this § 190-27) are hereby expressly and explicitly prohibited in each and every zoning district within the Town, and no building or structure shall be created, altered or erected, and no body of water, land or building thereon shall be used, for any of such uses or activities:

Any condition caused or permitted to exist in violation of this Subsection A is a threat to public health, safety and welfare, and is hereby declared and deemed to be a nuisance. Collectively the above expressly prohibited uses may be referred to in this chapter as "explicitly prohibited uses"; any one of the above expressly prohibited uses may be referred to in this chapter as an "explicitly prohibited use"; and any combination of more than one such use may also be referred to as "explicitly prohibited uses."

The Town of Highland hereby exercises its authority and right under
New York Environmental Conservation Law § 27-0711 to adopt
a local law that is consistent with the Environmental Conservation
Law Article 27, such consistency demonstrated by the fact that this
section complies "with at least the minimum applicable requirements"
set forth in such statute, and the rules and regulations promulgated
pursuant to said Article 27.

It shall be unlawful for any person to produce, store, inject, discard,
discharge, dispose, release, or maintain, or to suffer, cause or permit
to be produced, stored, injected, discarded, discharged, disposed,
released, or maintained, anywhere within the Town, any waste from
natural gas and/or petroleum extraction, exploration or production.

Prevent or prohibit the transmission of natural gas through utility
pipes, lines, reduction stations, or similar appurtenances for the
limited purpose of supplying natural gas to residents of or buildings
located in the Town; or

Prevent or prohibit the incidental or normal sale, storage, or use
of lubricating oil, heating oil, gasoline, diesel fuel, kerosene,
or propane in connection with legal agriculture, residential, business,
commercial, and other permitted uses within the Town.

Radioactive material in a quantity or of a level that is
distinguishable from background (as that phrase is defined at 10 CFR
§ 20.1003), but which is below the regulation threshold
established by any regulatory agency otherwise having jurisdiction
over such material in the Town.

Any system of pipelines (and other equipment such as drip
stations, vent stations, pigging facilities, valve boxes, transfer
pump station, measuring and regulating equipment, yard and station
piping, and cathodic protection equipment) used to move oil, gas,
or liquids from a point of production, treatment facility or storage
area to a transmission line, which is exempt from the Federal Energy
Regulatory Commission's jurisdiction under Section 1(b) of the
Natural Gas Act,[2] and which does not meet the definition of a major utility
transmission facility under the Public Service Law of New York, Article
7, § 120(2)(b).

Land uses which by the very nature in which they are conducted
have the potential to significantly impact the environment, pose a
risk to human health and safety, or disturb or interfere with reasonable
community expectations regarding odors, noise, light, traffic and
water quality. High-impact industrial uses include but are not limited
to what are traditionally considered to be "heavy industrial uses"
and specifically include but are not limited to the following land
uses:

A bored, drilled or driven shaft whose depth is greater than
the largest surface dimension, or a dug hole whose depth is greater
than the largest surface dimension, through which fluids (which may
or may not include semisolids) are injected into the subsurface and
less than 90% of such fluids return to the surface within a period
of 90 days.

Methane and any gaseous substance, either combustible or
non-combustible, which is produced in a natural state from the earth
and which maintains a gaseous or rarefied state at standard temperature
and pressure conditions, and/or gaseous components or vapors occurring
in or derived from petroleum or other hydrocarbons.

Geologic or geophysical activities related to the search for natural gas, petroleum or other subsurface hydrocarbons including prospecting, geophysical and geologic seismic surveying and sampling techniques, but only to the extent that such activities involve or employ core, rotary, or any other type of drilling or otherwise making any penetration or excavation of any land or water surface in the search for and evaluation of natural gas, petroleum, or other subsurface hydrocarbon deposits. (Note: as used in this chapter, the term "natural gas and/or petroleum exploration activities" is not intended and shall not be construed to include the conduct of seismic surveys, which are separately defined at, and subject to, the provisions of Chapter 147 (Seismic Surveys') of the Code of the Town of Highland.)

The digging or drilling of a well for the purposes of exploring
for, developing or producing natural gas, petroleum or other subsurface
hydrocarbons, including without limitation any and all forms of shale
fracturing related to natural gas and/or petroleum extraction activities.

Any of the following in any form, and whether or not such items
have been excepted or exempted from the coverage of any federal or
state environmental protection laws, or have been excepted from statutory
or regulatory definitions of "industrial waste," "hazardous," or "toxic,"
and whether or not such substances are generally characterized as
waste:

Below-regulatory-concern radioactive material, or any radioactive
material which is not below regulatory concern, but which is in fact
not being regulated by the regulatory agency otherwise having jurisdiction
over such material in the Town, whether naturally occurring or otherwise,
in any case relating to, arising in connection with, or produced by
or incidental to the exploration for, the extraction or production
of, or the processing, treatment, or transportation of, natural gas,
petroleum, or any related hydrocarbons;

This definition specifically intends to include some wastes
that may otherwise be classified as solid wastes which are not hazardous
wastes under 40 C.F.R. § 261.4(b). The definition of natural
gas and/or petroleum extraction, exploration or production wastes
does not include recognizable and nonrecognizable food wastes, or
waste generated by agriculture use.

Land upon which natural gas and/or petroleum extraction,
exploration or production wastes, or their residue or constituents
before or after treatment, are deposited, disposed, discharged, injected,
placed, buried or discarded, without any intention of further use.

Those facilities or combination of facilities that move natural
gas or petroleum from production fields or natural gas processing
facilities in pipelines or into storage; the term shall include equipment
for liquids separation, natural gas dehydration, and tanks for the
storage of waste liquids and hydrocarbon liquids.

Those facilities that separate and recover natural gas liquids
(NGLs) and/or other nonmethane gases and liquids from a stream of
produced natural gas, using equipment for any of the following: cleaning
or stripping gas, cooking and dehydration, residual refinement, treating
or removing oil or condensate, removing water, separating NGLs, removing
sulfur or carbon dioxide, fractionation of NGLs, or the capture of
CO2 separated from natural gas streams.

Those pipelines that are exempt or otherwise excluded from
regulation under federal and state laws regarding pipeline construction
standards or reporting requirements. Specifically includes production
lines and gathering lines.

All parts of those physical facilities through which petroleum,
gas, hazardous liquids, or chemicals move in transportation (including
pipes, valves and other equipment and appurtenances attached to pipes
and other equipment such as drip stations, vent stations, pigging
facilities, valve boxes, transfer pump stations, measuring and regulating
equipment, yard and station piping, and cathodic protection equipment),
whether or not laid in public or private easement or private right
of way within the Town. This includes, without limitation, gathering
lines, production lines, and transmission lines.

Material in any form that emits radiation, but only if such
material has been moved from its naturally occurring location through
an industrial process. Such material is radioactive material for purposes
hereof, whether or not it is otherwise exempt from licensing and regulatory
control pursuant to the New York State Department of Labor, the United
States Nuclear Regulatory Commission, the United States Environmental
Protection Agency, the United States Department of Energy, the United
States Department of Transportation, or any other regulatory agency.

A pipeline that transports oil, gas, or water to end users
as a public utility and which is subject to regulation either by the
Federal Energy Regulatory Commission's jurisdiction under Section
1(b) of the Natural Gas Act, or as a major utility transmission facility
under the Public Service Law of New York, Article 7, § 120(2)(b).

Subsurface storage, including in depleted gas or oil reservoirs
and salt caverns, of natural gas that has been transferred from its
original location for the primary purpose of load balancing the production
of natural gas. Includes compression and dehydration facilities, and
pipelines.

All streams, ditches, lakes, ponds, marshes, vernal pools,
watercourses, waterways, wells, springs, drainage systems, and all
other bodies or accumulations of water, surface or underground, intermittent
or perennial, which are contained in, flow through or border upon
the Town or any portion thereof.

A sign no larger than two feet by two feet may be installed on the
property where the sale is being conducted. The sign shall be displayed
only during the sale and shall be removed within 24 hours after the
sale is concluded.

Decibel shall mean the practical unit of measurement for
sound pressure level; the number of decibels of a measured sound is
equal to 20 times the logarithm to the base 10 of the ratio of the
sound pressure of the measured sound to the sound pressure of a standard
sound (20 micropascals) abbreviated dB. The abbreviation dB(A) shall
refer to readings taken on the A-weighted scale.

Any vehicle which is propelled or drawn on land by a motor,
such as, but not limited to, passenger cars, trucks, truck-trailers,
semi-trailers, campers, go-carts, snowmobiles, amphibious craft on
land, dune buggies, motorcycles, ATVs or racing vehicles, trail bikes
or mini-bikes.

Any building, structure, land or portion thereof, including
all appurtenances, and shall include yards, lots, courts, inner yards
and real properties without buildings or improvements, owned or controlled
by a person.

That real or imaginary line along the ground surface and
its vertical extension which (a) separates real property owned or
controlled by any person from contiguous real property owned or controlled
by another person, and (b) separates real property from public right-of-way.

General prohibition. Noise shall not exceed 70 decibel dB(A) scale
of standard sound level meter in intensity as measured at the boundary
of the lot during the daytime hours and shall not exceed 60 decibels
during the nighttime hours.

Prohibited noise. The following acts, among others, are declared
to be loud, disturbing and unnecessary noises in violation of this
chapter, but said enumeration shall not be deemed to be exclusive,
namely:

The operation of any audio devices or use of any musical instrument
in such a manner or with such volume as to annoy or disturb the quiet,
comfort, or repose of persons in any dwelling, campground, hotel or
other type of residence.

The use of any automobile, motorcycle, trail bike, ATV, mini-bike,
snowmobile or other vehicle so loaded or in such a manner as to create
loud and unnecessary grating, grinding, rattling or other noise.

The discharge into the open air of the exhaust of any steam engine,
stationary internal combustion engine, or motor vehicle engine, except
through a muffle or other device which will effectively prevent loud
or explosive noises therefrom.

The lawful use of any building, structure or land existing at the
time of the enactment of this Zoning Law may be continued although
such building, structure, land or use does not conform with the provisions
of this Zoning Law.

Any and all modifications, additions and/or enlargements of a nonconforming
building, structure, or land shall not require an area variance nor
Site-Plan review prior to the issuance of a building permit by the
Code Enforcement Officer providing the proposed new modification,
addition and/or enlargement complies with bulk regulations set forth
herein.

A nonconforming building, structure or use shall not be re-established
if it has been discontinued for any reason for a period of two years
or more or has been changed to or replaced by a conforming building,
structure or use. The mere intent to resume nonconforming building,
structure or use shall not confer the right to do so from the date
of adoption of this Zoning Law.

A nonconforming building, structure or use damaged 50% or less of
its monetary value by fire, windstorm or other natural disaster may
be rebuilt in compliance with State Building Codes; however, its use
may not be greater than its previous use.

A nonconforming building, structure or use damaged in excess of 50% as in Subsection D above, prior to being rebuilt, shall be subject to compliance with the State Building Codes and § 190-7D(2) of this chapter prior to the issuance of a building permit by the Code Enforcement Officer.

No building, structure, addition or part thereof in any district
shall be erected, constructed, reconstructed, restored or structurally
altered without first having obtained a duly issued building permit,
upon written application by applicant to the Code Enforcement Officer.
No building permit shall be issued unless the proposed construction
and use are in full conformity with all of the following provisions
of this Zoning Law and a road access permit is obtained if entry to
a public road is involved.

Any building, structure or portion thereof that is to be taken down,
removed, relocated or demolished shall not be taken down, removed,
relocated or demolished without applicant first filing for and obtaining
the appropriate permit from the Code Enforcement Officer.

No building permit or other type of permit shall be issued by the
Code Enforcement Officer if there are any violations of any code,
law or regulation against the subject premises, except if the building
permit to be issued is to correct the violation in question.

Structures that require a certificate of compliance. Every application
for a building permit shall be accompanied by the required fee as
established by the Town Board. Also required is a plot plan or survey
prepared by a licensed land surveyor, architectural drawings drawn
to scale, and a complete set of specifications.

Structures that require a certificate of occupancy. In addition to the requirements of Subsection B(1) above, plans must be signed and stamped by a licensed New York State engineer or architect. A New York State Energy Code document is not required.

Towers and windmills. In addition to the requirements of Subsection B(1) above, plans must be signed and stamped by a licensed New York State engineer or architect. A New York State Energy Code document is not required.

A survey or plot plan drawn to scale is also required for second-story
additions even if there is no change in the first-story footprint
of the building or structure. All surveys or plot plans shall include
the following:

The actual shape, dimension, radii, angles and area of the lot
on which the building, structure or addition is proposed to be erected
or of the lot on which it is situated if an existing building or structure.

The existing and intended use of all buildings and/or structures
existing and proposed, the use of land and the number of dwelling
units, if any, the building or structure is designed to lawfully accommodate.

[1]No building permit shall be issued by the Code Enforcement
Officer for any building or structure, new or existing, where the
site plan of such building, structure or addition is subject to approval
of the Planning Board, except in full conformity with the approved
plans and written conditions set forth by the Board, if any.

[2]Four copies of the building permit application and all
supporting documentation, including the construction plans, survey,
plot plan and site plan are to be filed with the Code Enforcement
Officer. On issuance of a building permit, the Code Enforcement Officer
shall:

Open and maintain a building permit file/folder in the Code Enforcement
Officer's office, filing same under the Sullivan County Tax Map
number, placing the final copy of all filed and approved documents
along with all his notes and any other pertinent data and paperwork
therein.

Any further amendments, interpretations, decisions or changes, in addition to the originally submitted and approved (or disapproved) documents, including but not limited to the constructions plans, survey or plot plan and site plan shall also be submitted in four copies and shall be distributed in the same manner as specified in Subsection D(1), (2), (3), and (4), above, of this section.

The "appeal" time of any determination, interpretation or other administrative act or decision made by the Code Enforcement Officer shall not commence, or start, unless or until said determination, interpretation or other administrative act or decision has been duly filed with the Town Clerk, in writing, as specified in Subsection D(3), above, of this section.

The Code Enforcement Officer shall, within 10 days after the filing
of a complete and properly prepared application, including Planning
Board, Zoning Board of Appeals and/or any other governmental agency
approval it necessary, issue a building permit. If said building permit
is denied, the Code Enforcement Officer shall state in writing to
the applicant the reason(s) for such denial. A copy of said denial
shall also be forwarded to all parties as defined in this section.

Every building permit shall expire if the work authorized has not
commenced within 12 months after the date of issuance or has not been
completed and a final certificate of occupancy issued within 18 months
from such date. Said building permit then becomes null and void, and
no further work is to be undertaken unless or until a new building
permit is issued and the appropriate fee, which shall be half of the
original fee, is paid. Such renewal shall be for an additional 18
months. If the building has not been completed and a final certificate
of occupancy issued after this first renewal period, then any subsequent
renewal will require payment of another permit fee, which shall be
according to the fee schedule then in force, and a new application
for a building permit must be filed, updated to comply with all building
codes then in effect.

On small lots, where a required yard setback is not readily apparent,
upon completion of the foundation of a new building or addition to
an existing building, applicant shall file with the Code Enforcement
Officer an accurate survey signed by a licensed engineer or land surveyor.
Said survey is to show the exact location of such foundation with
all yard setbacks indicated to scale. If said survey indicates any
setback violations, the Code Enforcement Officer is to stop the job
and take immediate steps advising applicant/owner to correct said
violation or to apply to the appropriate Board for relief of same.
No further work is to be allowed unless or until all violations have
been removed or the appropriate relief is granted.

On a form furnished by the Code Enforcement Officer, application
for a certificate of occupancy for a new building or for an existing
building which has been altered shall be made after the erection of
such building, structure or part thereof has been completed in conformity
with the provisions of this Zoning Law and all other applicable codes,
laws or regulations in effect at that time.

In the case of a new building, said application shall be accompanied
by a final survey signed by a licensed engineer or land surveyor,
indicating that there are no violations of the Bulk Regulations.[1]

In the case of an addition to an existing building, said application
shall be accompanied by a final survey signed by a licensed engineer
or land surveyor, indicating that there are not violations of the
Bulk Regulations, or, if no such survey is available, it shall be
accompanied by a final plot plan drawn to scale by the applicant,
signed and duly notarized that there are not violations of the Bulk
Regulations. However, in the event only a plot plan is submitted,
the Code Enforcement Officer shall verify and sign that he also has
personally checked or measured and finds no apparent violations of
the Bulk Regulations.

In the case of work that includes electrical wiring, the final electrical
inspection by an electrician licensed in the County of Sullivan and
certified in the categories of "General," "One- and Two-Family Dwellings"
and "Plan Review" must be on file.

Said certificate of occupancy shall be issued by the Code Enforcement
Officer within 10 days of all requirements having been met and distributed
as indicated herein. If the certificate of occupancy is denied, the
Code Enforcement Officer shall state the specific reasons for his
denial, in writing, quoting the section of this Zoning Law which prevents
the issuance of said certificate, and is to distribute this denial
as indicated herein.

Every application for a certificate of occupancy or other required
certificates shall be accompanied by a fee, if any, as established
by the Town Board. No "temporary" or "conditional" certificate of
occupancy are to be issued by the Code Enforcement Officer without
authorization of the Town Board.

Any person having a proprietary or tenant interest in any building,
structure, land or use may obtain a "duplicate copy" of the original
certificate of occupancy or any other required certificates issued
on any land by paying the appropriate fee, if any, as set by the Town
Board.

Letter in lieu of a certificate of occupancy. Upon written application
by the owner and payment of the appropriate fee, if any, as set by
the Town Board, the Code Enforcement Officer shall inspect all buildings
and structures on the premises to determine that they are built prior
to Zoning — April 15, 1985.

If in the judgment of the code Enforcement Officer it appears that
certain buildings, structures or portion thereof were built after
that date, said "letter in lieu of a C/O" shall not be issued unless
or until the appropriate building permit and certificate of occupancies
are issued for that, or those, buildings, structures or portions thereof.
All codes, laws and regulations in effect at this time shall be complied
with.

To make inspections of buildings, uses or premises; to issue violation
notices when appropriate; to issue the appropriate stop-work orders
when appropriate; to investigate any and all complaints, and to issue
building permits, certificates of occupancy and any or all other appropriate
certificates when necessary to do so, including but not limited to
well permits and final certificates, septic permits and final certificates,
sign permits and any other permits and/or certificates that are authorized
by this chapter.

The Code Enforcement Officer or his duly authorized assistant shall
have the right to enter any building or enter upon any land for which
a building permit is in effect at any reasonable hour as necessary
in the execution of their duties, provided that:

All written correspondence whether incoming or outgoing, inter-
or intraoffice memorandum, and/or all other pertinent documents involving
an administrative act, order, requirement, decision, determination,
interpretation, denial or appeal in any given case.

The Code Enforcement Officer shall also maintain daily records of
each and every complaint of a violation of the provisions of this
chapter or any other code, law or regulation that he is charged with
administering and enforcing, along with the action taken by him as
a result of receiving such a complaint.

The Code Enforcement Office shall submit to the Town Board a written
monthly report of all building permits and certificates of occupancy
or all other certificates issued by him as well as a detailed report
of what action was taken by him as a result of such complaints, and
its current status.

Friday of each week, post a listing of any and all building
permits or other permits issued for that week; any and all certificates
of occupancy or other certificates issued for that week; any and all
nonconforming letters issued for that week; any and all searches filed
for and/or conducted for that week. Each individual entry shall include
date of issue, identification number of said permit, certificate or
search and the fee collected. This weekly listing is to be added to
on a weekly basis and is to remain posted on the Eldred Town Hall
Bulletin Board.

The Code Enforcement Officer shall fill out an inspection slip
for each daily inspection made by him, at the site of the inspection,
on triplicate inspection forms. One copy is for the building permit
file; the second copy is to be handed to the owner or his representative
while on the site, or, posted on the site; the third copy is to be
turned in to the Town Clerk at the end of each week with the weekly
mileage vouchers.

The Code Enforcement Officer or his duly authorized assistant
shall appear at all public hearings in which variances are heard as
a result of his denial of a building permit, also when he is otherwise
requested to do so by the zoning Board of Appeals, Planning Board
and/or the Town Board.

On a day-to-day basis, if the Code Enforcement Officer has any
questions as to how he should proceed in any particular situation,
he shall, in the absence of the Town Attorney or the Town Supervisor,
contact the Chairman of the Town's Building Committee.

Violation of any provision or requirement of this chapter or violation
of any statement, plan, application, permit, or certificate approved
under the provisions of this chapter shall be considered an offense
punishable by a fine of not more than $1,000 or imprisonment for not
more than one year for each offense, or both.

Each and every day that such violation continues after notification
that such a violation exists shall constitute a separate offense.
Such notice shall be written by the code Enforcement Officer and shall
be served by certified mail.

The imposition of penalties herein prescribed shall not preclude
the Town or any person from instituting appropriate legal action or
proceeding to prevent unlawful construction, reconstruction, alteration,
repair, conversion, maintenance or use, or to restrain, correct or
abate a violation or to prevent the illegal occupancy of a building,
land or premises.

Appointment. The Board shall consist of five members to be appointed
by the Town Board. Their successors, including such additional members
as may be appointed by the Town Board, shall be appointed for the
term of five years after the expiration of the terms of their predecessors
in office.

Appointment to fill vacancies. Appointments to fill vacancies shall
be for the unexpired term of the members whose term or terms become
vacant. Such appointment to fill vacancies shall be made in the same
manner as the original appointment. The Zoning Board of Appeals may
continue to legally operate while vacancies are waiting to be filled
provided there are enough members to constitute a quorum.

Votes necessary for a decision. Three members of the Board shall,
regardless of the number of members at a given point, be a quorum
for the purposes of conducting any business. The concurring vote of
three of the members of the Board shall be necessary to reverse any
order, requirement, decision or determination of the Code Enforcement
Officer or to decide in favor of the appellant any matter upon which
it is required to pass under the terms of this chapter or to effect
any variation of this chapter.

Any member of this Board who has not obtained the mandatory four
hours of classes offered and recommended by the DPEM in the calendar
year shall automatically be dropped as a member of this Board. However,
if any member of the Board attends a class, while not recommended
by the DPEM, which is approved by the Supervisor, that class shall
be counted toward the four hours of classes. This training requirement
is set by the New York State Department of State, in Chapter 662 of
the Laws of 2006.

Applications for variances. The Board may upon request vary or adapt
the strict application of any of the requirements of this chapter
where such strict application would result in particular difficulties
or unnecessary hardship that would deprive the owner of the reasonable
use of the land or building involved.

Applications for interpretations. The Board shall, upon request,
decide any questions involving the interpretation of any provision
of this chapter, including determination of the exact location of
any district boundary if there is uncertainty with respect thereto.

Appeals from administrative decisions. The Board shall hear and decide
appeals from and review any order, requirement, decision, or determination
made by the Code Enforcement Officer in administering this chapter.
It shall also hear and decide all matters referred to it or upon which
it is required to pass under the provisions of this chapter.

General procedures. All applications for variances or interpretations,
or appeals from administrative decisions made to the Board shall be
in writing on forms prescribed by the Board or provided herein. Every
application for a variance and/or interpretation and/or appeal, shall
refer by section number to the specific provisions of the law involved,
and shall exactly set fourth the variance, interpretation or appeal
that is claimed, the present use and the use sought, the ground on
which the Board should made a decision and any other pertinent detail,
together with the fee prescribed by the Town Board. An appeal must
be made 62 days of the action of the administrative official appealed
from. The applicant must file a signed notice of appeal with the administrative
official from whom the appeal is taken and with the secretary of the
Zoning Board of Appeals. All information required thereon shall be
complete before an appeal is considered filed. Six copies of the proper
appeal form shall be filed with the Board along with a fee to be established
by the Town Board.

Variance requirement. Any property owner, tenant or representative
thereof may, in appealing an administrative decision of the Town of
Highland with respect to this chapter request a variance from its
literal terms. Application for a variance may be made concurrently
with application for a building permit and shall be delivered to the
Code Enforcement Officer who shall then, on acting upon the permit
application, refer the matter to the Zoning Board of Appeals for a
decision on the variance request. This shall not, however, preclude
an applicant whose permit request has been denied from subsequently
requesting a variance in conjunction with an appeal of such action
if the appeal has been timely filed. The needs or desires of a particular
owner or tenant or of a particular prospective owner or tenant shall
not either alone or in conjunction with other factors, afford any
basis for the granting of a variance. The fact that the improvements
already existing at the time of the application are old. obsolete,
outmoded or in disrepair or the fact that the property is unimproved
shall not be deemed to make the plight of the property unique or to
contribute thereto. Should any appeal involve a change in the boundaries
of any district, which change would occur within a distance of 500
feet of the boundary of any other Town or any boundary of a State
park or parkway, a copy of the official notice of the public hearing
shall be sent to the Town Clerk or the Commissioner of the Regional
State Park Commission. Two types of variances may be granted by the
Zoning Board of Appeals: area variances and use variances. Area variances
involve relief from dimensional or other requirements for existing
uses or uses allowed with the district under the terms of this article.
Use variances involve a use of land or building not allowed in a district
under the terms of this article. Each of the following findings of
fact shall be made by the Zoning Board of Appeals prior to granting
such variances.

The strict application of the literal terms of this chapter
would present practical difficulties in the use of the property in
question from allowed uses. The term "practical difficulties" shall
be deemed to exist where:

Applicant has proved that economic injury will result from literal
application of the standards of this Zoning Law and the Town has failed
to show that the public health, safety and welfare will be served
by upholding the application of the standards and denying the variance.

The applicant has proved the variance, if granted, would be
the minimum necessary to render relief and the difficulty could not
be obviated by some method feasible for the applicant to pursue, other
than a variance.

The applicant has proved the practical difficulties are not
self-created. This requirement shall be strictly enforced and practical
difficulties related to properties acquired by the applicant subsequent
to the effective date of this chapter shall be deemed self-created.

Use variances. The strict application of the literal terms of this
chapter would produce unnecessary hardship to the applicant. Unnecessary
hardship will be deemed to exist where the applicant has proved:

A reasonable return cannot be realized through permitted uses.
The applicant shall specifically prove, through independent sources
of professional testimony or documentation, that no use permitted
by the Zoning Law applicable to that district would yield a reasonable
return. The evidence must be specific and address the amount paid
for the property, present value, maintenance expenses, taxes, mortgages
and encumbrances, income from the land in question and other facts
relevant to the particular circumstances of the case. Failure to sell
land for a permitted purpose is evidence it will not bring a reasonable
return if used for such purposes if the owner has made an active effort
to sell. Mere financial loss to the individual owner or inability
to achieve the most profitable use of a property shall not be sufficient
justification for a variance.

The variance would be consistent with the spirit of this chapter
and the Town of Highland Master Plan. No variance shall be granted
which would have the effect of redistricting the area and any use
granted shall be only for the intent of the district in question.[1]

In reviewing a request for a use variance, the Board may consider
the effects of adjacent similar uses, traffic, obsolete improvements,
the existence of unusual natural resources and governmental rulings
unrelated to zoning.

The burden of proof with a use variance, nonetheless, shall
be wholly with the applicant.

In all cases where the Zoning Board of Appeals grants a variance
from the strict application of the requirements of this chapter, it
shall be the duty of such Board to attach conditions and safeguards
as may be required in order that the results of its action may as
nearly as possible be in accordance with the spirit and intent of
this chapter.

The Town Board, Code Enforcement Officer or Planning Board of the
Town of Highland may request the Zoning Board of Appeals to decide
any question involving the interpretation of any provision of this
chapter and shall refer such other matters to the Board as it is required
to decide by the provisions of this law. The Board's rules and
regulations shall govern these matters. All matters to be referred
to the Zoning Board of Appeals in such circumstances shall be in writing
to the Board's Secretary and be acted on within 62 days of the
Secretary's receipt of the same. Any property owner, tenant,
representative thereof or other person aggrieved by an administrative
act of the Town of Highland with respect to this chapter (believing
such decision to be in error) may appeal to the Zoning Board of Appeals.
An administrative act shall include any order, requirements, decision
or determination made by the Code Enforcement Officer. The Board may
reverse or affirm wholly or partly, or may modify the order, requirement,
decision or determination as in its opinion ought to be made on the
premises and to that end shall have all the powers of the official(s)
from whom the appeal is taken. The administrative official from whom
the appeal is taken shall be responsible, at the direction of the
Board, for providing any applicant with the proper forms and for instructing
the parties concerned on the proper manner for completing and filing
said forms. All information required thereon shall be complete before
an appeal is considered filed.

Notice of hearing. The Board shall give notice of the hearing at
least five days prior to the date thereof by publication in the official
Town paper. In addition, the applicant shall notify by certified mail
at least seven calendar days before the hearing to the following:
all owners of property which lie adjacent to that owned by the applicant
and all other owners within 500 feet of the applicant's property
line in any direction. The names of said owner shall be taken as they
appear on the last completed tax roll of the Town.

Irrelevant or unduly repetitious evidence or cross-examination
shall be excluded. Except as otherwise provided by statute, the burden
of proof shall be on the part who initiated the proceedings. No decision,
determination or order shall be made except upon consideration of
the record as a whole or such portion thereof as may be cited by any
party to the proceeding and as supported by an in accordance with
substantial evidence. Unless other provided by any statute, the Board
need not observe the rules of evidence observed by courts, but shall
give effect to rules or privilege recognized by law. Objections to
evidentiary offers may be made and shall be noted in the record. Subject
to these requirements, the Zoning Board of Appeals may, for the purpose
of expediting the hearing, and when the interests of parties will
not be substantially prejudiced thereby, adopt procedures for the
submission of all or part of the evidence in written form.

All evidence, including records and documents in the possession
of the Zoning Board of Appeals may be offered and made a part of the
record, and all such documentary evidence may be received in the form
of copies of excerpts, or by incorporation by reference. In case of
incorporation by reference, the materials so incorporated may be available
for examination by the parties before being received in evidence.

Official notice may be taken of all facts of which judicial
notice could be taken and of other facts within the specialized knowledge
of the Board. When official notice is taken of a material fact not
appearing in the evidence in the record and of which judicial notice
could be taken, every party shall be given notice thereof and shall
on a timely request be afforded an opportunity prior to the decision
to dispute the fact of its materiality.

Rehearing. A motion for the Zoning Board of Appeals to hold a rehearing
to review any order, decision or determination of the Board not previously
heard may be made by any member of the Board. A unanimous vote of
all members of the Board then present is required for such rehearing
to occur. Such rehearing is subject to the same notice provisions
as an original hearing. Upon such rehearing the Board may reverse,
modify or annul its original order, decision or determination upon
the unanimous vote of all members then present, provided the Board
finds that the rights vested in persons acting in good faith in reliance
upon the heard order, decision or determination will not be prejudiced
thereby. Requests for rehearing, however, shall be made within 30
days of the original order, decision of determination will not be
prejudiced thereby.

Prior to the date of any public hearing, the Secretary of the Zoning
Board of Appeals shall transmit to the Chairman of the Planning Board,
a copy of any appeal or application, together with a copy of the notice
of such hearing. The Planning Board may submit to the Zoning Board
of Appeals, an advisory opinion on said appeal or application at any
time prior to the rendering of a decision by the Zoning Board of Appeals.

Should any action by the Zoning Board of Appeals involve any of the
areas specified in §§ 239-l and 239-m of Article 12-B
of the General Municipal Law, then such matter shall be referred prior
to final action by the Zoning Board of Appeals to the Sullivan County
Planning Department in accordance with that law.

Every decision of the Zoning Board of Appeals shall be recorded in
accordance with standard forms adopted by the Board and shall fully
set forth the circumstances of the case and shall contain a full record
of the findings on which the decision is based. Every decision of
the Board shall be by resolution and each such resolution shall be
filed in the office of the Town Clerk by case number under one of
the following heads: (1) Interpretation, or (2) Variances; together
with all documents pertaining thereto. Regarding its decision in each
case, the Zoning Board of Appeals shall notify the Code Enforcement
Officer, Town Board, Town Planning Board, and the Municipal Clerk
of any affected municipality given notice of hearing.

All the provisions of this chapter relating to the Zoning Board of
Appeals shall be strictly construed. Said Board as a body of jurisdiction
shall act in full conformity with all provisions of law and of this
chapter and in strict compliance with all limitations contained therein.

Unless construction is commenced and diligently pursued within 12
months of the date of the granting of the variance, such variance
shall become null and void, unless an extension is granted by the
Zoning Board of Appeals in writing.

Appointment. The Board shall consist of five members to be appointed
by the Town Board. Their successors, including such additional members
as may be appointed by the Town Board, shall be appointed for the
term of five years after the expiration of the terms of their predecessors
in office.

Appointment to fill vacancies. Appointments to fill vacancies shall
be for the unexpired term of the members whose term or terms become
vacant. Such appointment to fill vacancies shall be made in the same
manner as the original appointment. The Planning Board may continue
to legally operate while vacancies are waiting to be filled, provided
there are enough members to constitute a quorum.

Any member of this Board who has not obtained the mandatory four
hours of classes recommended by the County Planning Board in the calendar
year shall automatically be dropped as a member of this Board. However,
if any member of the Board attends a class, while not recommended
by the County Planning Board, which is approved by the Supervisor,
that class shall be counted toward the four hours of classes.

A determination by the Planning Board is made regarding a public
hearing, and if necessary, one is held. A public hearing may be dispensed
with where adequate proof is submitted that the intended use is consistent
with all the standards detailed. If a public hearing is held, it must
be within 62 days after an application is made, on five days' public
notice. The Planning Board must render its decision within 62 days
after the public hearing or 62 days after filing if no public hearing
is held. In the event of a denial, the applicant and Zoning Board
of Appeals shall receive written notice of said denial and of the
supporting reasons.

Required plan. Application for a special use permit shall be accompanied
by seven sets of preliminary plans and/or other descriptive matter
to clearly portray intentions of the owner. These documents shall
become a part of the record. Such plans shall show location of all
buildings, parking, traffic access and circulation drives, open spaces,
landscaping, exterior lighting, all existing structures and uses within
200 feet of the site boundaries, and any other information necessary
to determine if the proposed special use meets the requirements of
this chapter.

Standards applicable to all special permitted uses. All special permitted
uses require site plan review and a public hearing; however, the public
hearing may be waived at the option of the Planning Board if all the
following standards and conditions have been satisfied:

Location, use and size of structure, nature and intensity of operations
involved, size of site in relation to it, and location of site with
respect to existing or future street giving access, are such that
it will be in harmony with orderly development of the district.

The cost of providing governmental services during and after
the flood conditions, including maintenance and repair of public utilities
and facilities such as sewer, electric and water systems, and streets
and bridges.

If said conditions and structures are not met, a public hearing
shall be undertaken in accordance with site plan review procedures.

No special use permit shall be issued for a use on a property
where there is an existing violation after enactment of this chapter.

All principal uses except single-family homes shall require
site plan approval before the issuance of a permit, and no building
development or site work of any sort shall be conducted prior to or
shall be carried out except in conformity with such approval and its
conditions.

The Planning Board, at a public meeting, shall, pursuant to
Town Law § 274-a(1)(a) review and approve, or approve with
conditions or disapprove site plans before a building permit is issued.

Submission of site plan and supporting data. The owner shall
submit an acceptable site plan (to be rendered by a professional architect,
licensed engineer or licensed surveyor) and supporting date to the
Planning Board a minimum 10 days prior to the monthly meeting. (On
existing buildings or additions the Planning Board may waive the need
for an architect, professional engineer or licensed land surveyor
and any supporting data that they deem not necessary to a particular
application.)

The following information presented in drawn form and accompanied
by written text shall be included:

Approval or denial. The Planning Board shall review the site plan
and supporting data before approval, approval with stated conditions,
or denial is given, having taken into consideration the following:

Factors deemed necessary by the Planning Board for the health,
safety and welfare of the public.

The Planning Board may require changes or additions in relation
to yards, driveways, and landscaping, to ensure safety, to minimize
traffic difficulties, and to safeguard adjacent properties. Should
other changes or additional facilities be required by the Board, final
approval of site plan shall be conditional upon satisfactory compliance
with those changes or additions by the owner.

Any owner wishing to make changes in an approved site plan shall
submit a revised site plan to the Planning Board for review and approval.

Final determination shall be rendered within 62 days of said
public hearing.

Effect of site development plan approval. No building permit shall
be issued for any building or structure covered by this section until
an approved site development plan or approved amendment of any such
plan has been secured by the applicant from the Planning Board and
presented to the Code Enforcement Officer.

No certificate of occupancy shall be issued for any building or structure
or use of land covered by this section unless the building or structure
is completed or the land is developed or used in accordance with an
approved site development plan or approved amendment of any such plan.

The Planning Board shall have the authority to impose such reasonable
conditions and restrictions as are directly related to and incidental
to a proposed site plan. Upon its approval of said site plan, any
such conditions must be met in connection with the issuance of permits
by the Code Enforcement Officer of the Town. Such conditions must
be attached to the certificate of occupancy as maintained in the records
of the office of the Code Enforcement Officer.

Presubmission conference. Prior to the submission of a site development
plan, the applicant shall meet in person with the Planning Board,
the purpose of such conference shall be to discuss proposed uses or
development in order to determine which of the site development plan
elements listed herein as required shall be submitted to the Planning
Board in order for said Board to determine conformity with the provisions
and intent of this chapter.

Within six months following the pre-submission conference, the site
development plan and any related information shall be submitted by
applicant to the Code Enforcement Officer in triplicate at least 16
days prior to the Planning Board meeting at which approval is requested.
If applicant does not submit same to the Code Enforcement Officer
within this six-month period, another presubmission conference shall
be required.

The Code Enforcement Officer shall certify on each site development
plan or amendment whether or not the plan meets the requirements of
all provisions, other than those of this section regarding site development
plan approval.

The Code Enforcement Officer shall retain one copy and transmit two
copies of the certified site development plan to the Chairman of the
Planning Board at least seven days prior to the Planning Board meeting
at which approval is requested.

The Planning Board shall act to approve, approve with conditions,
disapprove or schedule a site plan hearing within 62 days of submission
of a completed application. Failure to act within 62 days after the
meeting at which approval is requested shall be deemed as approval.
Planning Board disapproval shall include written findings upon any
site development plan element found contrary to the provision or intent
of this chapter. In reviewing the application, the Planning Board
may secure the advice or assistance of one or more expert consultants
as qualified to advise as to whether a proposed use will conform to
the requirements of this chapter. Such consultant shall report whether
or not the use applied for will be operated in conformance with the
performance standards and, if not, what modification in design or
operation would be necessary for conformance. A copy of the report
by such consultants shall be furnished to the Planning Board, Code
Enforcement Officer, and applicant. The cost for all consultants shall
be paid by the developer. Such consultants shall report whether or
not the use applied for meets the criteria established under site
plan approval and, if not, what modification in design or operation
would be necessary for conformance.

Site development plan elements. The applicant shall cause a site
development plan to be prepared by a licensed engineer or land surveyor,
unless the requirement of such professional preparation is waived
by the Planning Board. Site development plan elements shall include
those listed below which are appropriate to the proposed development
or use as indicated by the Planning Board in the presubmission conference.

Sufficient description or information to define precisely the
boundaries of the property. All distances shall be in feet and tenths
of a foot. All angles shall be given to the nearest 10 seconds or
closer. The error of closure shall not exceed one in 10,000.

Location of existing watercourses, marshes, wooded areas, rock
outcrops, isolated trees with a diameter of eight inches or more measured
three feet above the base of the trunk, and other significant existing
features.

The location and arrangement of proposed means of access and
egress, including sidewalks, driveways, or other paved areas. Profiles
indicating grading and cross-sections showing width of roadway, location
and width of sidewalks, and location and size of water and sewer lines.

The Board shall give notice of the hearing at least five days prior
to the date thereof by publication in the official Town newspaper.
In addition, the applicant shall notify by certified mail at least
seven calendar days before the hearing to the following: All owners
of property which lie adjacent to that owned by the applicant and
all other owners within 500 feet of the applicant's property
line in any direction. The names of said owners shall be taken as
they appear on the last complete tax roll of the Town.

The Planning Board shall hold a public hearing within 62 days after
receipt of a complete application. Within 62 days after the public
hearing, the Board must render a decision. Failure to act within 62
days after the public hearing shall be deemed approval. In reviewing
the application, the Planning Board may secure the advice or assistance
of one or more lawyers, planners, engineers, or other expert consultants
qualified to advise as to whether a proposed use will conform to the
requirements of this chapter. The cost for all consultants shall be
borne by the applicant. The consultants shall report whether or not
the use applied for meets the criteria established under site plan
approval and, if not, what modifications in design or operation would
be necessary for conformance.

This chapter or any part thereof, may be amended, supplemented, or
repealed from time to time by the Town Board on its own motion or
upon recommendation by the Planning Board. Prior to public hearing,
every such proposed amendment shall be referred by the Town Board
to the Planning Board for a report. The Town Board shall not take
action on any such amendment without such report from the Planning
Board unless the Planning Board fails for any reason to render such
report within 62 days after its next regularly scheduled meeting following
the date of such referral.

Should any proposed amendment consist of or include any change in
the boundaries of any district, which change would occur within a
distance of 500 feet of the boundary of any Town, county or state
park or parkway, the Town Clerk shall transmit to the designated office
or official a copy of the official notice of the public hearing not
later than 10 days prior to the date of the hearing. The designated
official for the county shall be the Clerk of the County Legislature.
In villages and towns, the designated official shall be the clerk
of the municipality. The designated official for state parks and parkways
is the Regional State Park Commissioner.

Should any proposed amendment consist of or include any of the following
conditions, the Town Clerk shall, prior to final action, refer the
proposed amendment to the Sullivan County Planning Department in accordance
with §§ 239-l and 239-m of Article 12-B of the General
Municipal Law.

In their interpretation and application, the provisions of this
chapter shall be held to be the minimum requirements adopted for the
promotion of the public health, safety, comfort, convenience and general
welfare. Except where specifically provided to the contrary, it is
not intended by this chapter to repeal, abrogate, annul or in any
way to impair or interfere with any rules, regulations or permits
previously adopted or issued pursuant to law relating to the use or
building structures, shelter or premises; nor is it intended by this
chapter to interfere with or abrogate or annul any easements, covenants,
or other agreements between parties; provided, however, that where
this chapter imposes a greater restriction upon the use of a building
or premises, or requires larger open spaces that are imposed or required
by any other statue, ordinance, law, rule, regulation or permit, or
by any easement or agreement, the provisions of this shall control.

The enforcement of this Zoning Law shall be the responsibility
of the Code Enforcement Officer, the Town Constables, where applicable,
the Town Board, and the court or courts of appropriate jurisdiction,
including the Court of the Town Justice.